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immediately after birth and shall have a name’,52 and that ‘[e]very child has
the right to acquire a nationality.’53 Similarly, art 7(1) of the Convention on the
Rights of the Child stipulates that ‘[the] child shall be registered immediately
after birth and shall have the right from birth to a name, the right to acquire a
nationality and, as far as possible, the right to know and be cared for by his or
her parents.’54 This is replicated in art 18(2) of the Convention on the Rights of
Persons with Disabilities with respect to children with disabilities. The
Convention on the Rights of the Child also provides that:
States Parties shall ensure the implementation of these rights in accordance
with their national law and their obligations under the relevant international
instruments in this field, in particular where the child would otherwise
be stateless.55
It is noteworthy that during the drafting of the 1961 Convention, the Argentine representative referred to art 15 of the Universal Declaration of Human
Rights (the right to a nationality)56 ‘to emphasize the psychological importance of a child acquiring a nationality at birth and of knowing that he
would have the right to keep it when he reached his majority, provided he
complied with certain conditions.’57 Subsequent academic work has confirmed both the fundamental importance of and ongoing challenges in
ensuring access to citizenship for children globally.58
Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women provides that ‘States Parties shall grant women equal
rights with men to acquire, change or retain their nationality’,59 and ‘shall
52
ICCPR art 24(2).
53
Ibid art 24(3). As noted in above n 21, this does not necessarily require states to grant
nationality to every child born in their territory unless they would otherwise be stateless.
54
Australia has ratified with no relevant reservations: UN Committee on the Rights of the
Child, Reservations, Declarations and Objections Relating to the Convention on the Rights of
the Child, UN Doc CRC/C/2/Rev.3 (11 July 1994) 12.
55
Convention on the Rights of the Child art 7(2).
56
Universal Declaration of Human Rights, UN Doc A/810, art 15.
57
UN Conference on the Elimination or Reduction of Future Statelessness, Summary Record of
the Fourth Plenary Meeting, UN GAOR, 4th plen mtg, Agenda Item 7, UN Doc
A/CONF.9/SR.4 (24 April 1961) 3.
58
Jacqueline Bhabha’s work is particularly authoritative: see, eg, Jacqueline Bhabha, ‘From
Citizen to Migrant: The Scope of Child Statelessness in the Twenty-First Century’ in Jacqueline Bhabha (ed), Children without a State: A Global Human Rights Challenge (MIT Press,
2011) 1; Jacqueline Bhabha, Child Migration and Human Rights in a Global Age (Princeton
University Press, 2014).
59
Convention on the Elimination of All Forms of Discrimination against Women art 9(1).